For the purpose of providing and ensuring fair housing opportunities
for all within the Town of Chenango, the Town Board of the Town of Chenango,
in the County of Broome, State of New York, under the authority of the General
Municipal and Town Laws, hereby obtains, enacts and publishes this chapter.
Except as exempted by §
36A-6, it shall be unlawful within the Town of Chenango:
A. To refuse to sell or rent after the making of a bona
fide offer or to refuse to negotiate for the sale or rental of or otherwise
make unavailable or deny a dwelling to any person because of race, color,
religion, sex or national origin.
B. To discriminate against any person in the terms, conditions
or privileges of sale or rental of a dwelling or in the provision of services
or facilities in connection therewith because of race, color, religion, sex
or national origin.
C. To make, print or publish or cause to be made, printed
or published any notice, statement or advertisement with respect to the sale
or rental of a dwelling that indicates any preference, limitation or discrimination
based on race, color, religion, sex or national origin or an intention to
make any such preference, limitation or discrimination.
D. To represent to any person because of race, color, religion,
sex or national origin that any dwelling is not available for inspection,
sales or rental when such dwelling is in fact so available.
E. For profit, to induce or attempt to induce any person
to sell or rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular race, color,
religion, sex or national origin.
It shall be unlawful within the Town of Chenango for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling; or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of race, color, religion, sex or national origin of such person or of any person associated with him in connection with such loan or other financial assistance, or the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given, provided that nothing contained in this section shall impair the scope of effectiveness of the exception contained in §
36A-6.
It shall be unlawful within the Town of Chenango to deny any person
access to or membership or participation in any multiple-listing service,
real estate broker's organization or other service, organization or facility
relating to the business of selling or renting dwellings; or to discriminate
against him in the terms or conditions of such access, membership or participation
on account of race, color, religion, sex or national origin.
The authority and responsibility for publicizing, administering and
enforcing this chapter shall be in the Town Fair Housing Officer, to be designated
by the Supervisor of the Town of Chenango.
Violations of this chapter shall be reported in person or in writing
to the Town's Fair Housing Officer.
Where sufficient cause exists to believe that the terms of this chapter
have been violated, the Fair Housing Officer shall institute a suit in Town
Court against the alleged violator.
Where a person or organization has been found, after a trial on the
merits, in violation of this chapter, a fine shall be imposed on such person
or organization not to exceed $500 for a first offense and $1,000 for each
additional offense. The minimum fine for violations of this chapter shall
be $100 for a first offense and $500 for each additional offense. Each and
every separate violation of this chapter shall be deemed an offense for the
purposes of imposing the appropriate fine.
The Town Board may, on its own initiative or on petition, amend, supplement
or repeal the provisions of this chapter in conformity with applicable law
after public notice and hearing.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion of the
public health, morals, safety or the general welfare. Whenever the requirements
of this chapter are at variance with the requirements of any other lawfully
adopted rules, regulations or ordinances, the most restrictive, or that imposing
the highest standards, shall govern.
This chapter shall be known and may be cited as the "Town of Chenango
Fair Housing Law."